Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 (WA)

Western Australia

Criminal Procedure and Appeals (Consequential

and Other Provisions) Act 2004

Western Australia

Criminal Procedure and Appeals (Consequential

and Other Provisions) Act 2004

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
3.	Interpretation Act 1984, operation of	2
Part 2 — Various Acts repealed
4.	Criminal Procedure (Summary) Act 1902 repealed
and transitional provision	3
5.	Grand Jury Abolition Act Amendment Act 1883
repealed	3
Part 3 — *Bail Act 1982* amended
6.	The Act amended in this Part	4
7.	Section 48 amended	4
8.	Section 49 amended	4
9.	Section 54 amended	5
10.	Schedule 1 Part A amended	6

4.	Appearance in connection with appeal etc.	6
7.	Interpretation in this Part	7

11.	Small amendments	7
Part 4 — *Children’s Court of Western*

Australia Act 1988 amended

12.	The Act amended in this Part	10
13.	Section 19B amended	10

Criminal Procedure and Appeals (Consequential and Other Provisions) Act

2004

Contents

14.	Section 20 amended	10
15.	Section 41 replaced	11

41. Appeals against decisions of magistrates

etc.

16.

Section 42A inserted

42A.

Appeals from judges’ decisions in criminal

matters

17.	Section 43 amended	11
18.	Small amendments	12
Part 5 — *The Criminal Code* amended
19.	The Criminal Code amended	14
20.	Section 360 amended	14
21.	Heading to Part VIII replaced	14
Part VIII — Miscellaneous
22.	Chapters LXI and LXII repealed	15
23.	Heading to Chapter LXIII replaced	15
Chapter LXIII — Alternative verdicts
24.	Chapters LXIV to LXIX repealed	15
25.	Chapter LXXIII repealed	15
26.	Section 730 inserted	15

730.

Forfeitures, escheats etc. abolished

27.	Amendments about previous convictions	15
28.	Other repeals and amendments	16
Part 6 — *Director of Public*

Prosecutions Act 1991 amended

29.	The Act amended in this Part	17
30.	Section 16A inserted	17

16A.

Prosecuting offences of other jurisdictions

31.	Small amendments	18
Part 7 — *District Court of Western*

Australia Act 1969 amended

32.	The Act amended in this Part	19
33.	Section 5 amended	19
34.	Section 43 replaced	19

43.

Exercise of criminal jurisdiction

35.

Sections 46 to 49 repealed

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Contents

Part 8 — Evidence Act 1906 amended

36.	The Act amended in this Part	20
37.	Section 106H amended	20
38.	Section 106RA inserted	20

106RA.

Visually recording evidence of witnesses

in criminal matters

39.	Section 106T amended	21
40.	Section 119 amended	23
41.	Small amendments	23
Part 9 — *Fines, Penalties and*

Infringement Notices

Enforcement Act 1994 amended

42.	The Act amended in this Part	25
43.	Section 21 amended	25
44.	Section 58 replaced	26

58. Amounts payable by witnesses and

sureties for witnesses

45.	Section 101B amended	27
46.	Small amendments	27
Part 10 — *Juries Act 1957* amended
47.	The Act amended in this Part	28
48.	Section 38 repealed	28
49.	Section 41 replaced	28

41.

Jury’s entitlements when together

50.

Section 57A inserted

57A.

Grand juries not to be summoned

51.	Small amendments	29
Part 11 — *Local Government Act 1995*

amended

52.	The Act amended in this Part	30
53.	Section 4.97 replaced	30

4.97.

Prosecutions

54.

Section 9.24 replaced

9.24.

Commencing prosecutions

Criminal Procedure and Appeals (Consequential and Other Provisions) Act

2004

Contents

Part 12 — Official Prosecutions

(Defendants’ Costs) Act 1973

amended

55.	The Act amended in this Part	32
56.	Section 4 amended	32
Part 13 — *Sentencing Act 1995*

amended

57.	The Act amended in this Part	34
58.	Section 79 replaced	34

79.

Re-offending, alleging in court

59.

Section 84E replaced

84E.

Re-offending, alleging in court

60.

Section 114A inserted

114A.

Victim may appeal against refusal of

reparation order

61.

Section 129 replaced

129.

Re-offending, alleging in court

62.	Section 131 amended	40
63.	Section 140 amended	40
64.	Schedule 1 amended	40
65.	Small amendments	41
Part 14 — *Supreme Court Act 1935*

amended

66.	The Act amended in this Part	42
67.	Section 33 inserted	42

33.

Judgments and orders, correction of

68.	Section 154 amended	42
69.	Heading to Part X amended	43
70.	Heading inserted	43
Part XI — Miscellaneous
71.	Section 178 inserted	43

178.

Habeas corpus proceedings

72.	Small amendments	44
Part 15 — *Young Offenders Act 1994*

amended

73.

The Act amended in this Part

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Contents

74.	Section 55 amended	45
75.	Section 60 inserted	45

60.

Orders etc. under this Part are sentences

76.	Section 178 amended	46
77.	Small amendments	46
Part 16 — Various Acts amended
78.	Various Acts amended (Sch 1)	47
Part 17 — Amendments to change

terminology

79. References to “complaint” changed to “prosecution

notice”

80.

Various Acts amended (Sch 2)

81. References to “complaint” to be read as references

to “prosecution notice”

82.

References to “defendant” changed to “accused”

83.

Bail Act 1982 amended

84. Criminal Law (Mentally Impaired Defendants)

Act 1996 amended

85.

Evidence Act 1906 amended

86. Official Prosecutions (Defendants’ Costs) Act 1973

amended

Schedule 1 — Amendments to

various Acts

1.	Aboriginal Affairs Planning Authority Act 1972	62
2.	Agricultural Products Act 1929	62
3.	Agriculture and Related Resources Protection
Act 1976	62
4.	Architects Act 1921	62
5.	Art Gallery Act 1959	62
6.	Companies (Co-operative) Act 1943	62
7.	Co-operative and Provident Societies Act 1903	62
8.	Corruption and Crime Commission Act 2003	63
9.	Criminal Law (Mentally Impaired Defendants)
Act 1996	63
10.	Diamond (Argyle Diamond Mines Joint Venture)
Agreement Act 1981	63
11.	Fertilizers Act 1977	63

Criminal Procedure and Appeals (Consequential and Other Provisions) Act

2004

Contents

12.	Finance Brokers Control Act 1975	64
13.	Health Act 1911	64
14.	Industrial Relations Act 1979	64
15.	Interpretation Act 1984	65
16.	Land Drainage Act 1925	65
17.	Land Valuers Licensing Act 1978	65
18.	Litter Act 1979	65
19.	Magistrates Court Act 2004	65
20.	Minimum Conditions of Employment Act 1993	66
21.	Museum Act 1969	66
22.	Occupational Safety and Health Act 1984	66
23.	Police Act 1892	66
24.	Pollution of Waters by Oil and Noxious Substances
Act 1987	66
25.	Prisons Act 1981	66
26.	Prostitution Act 2000	67
27.	Psychologists Registration Act 1976	67
28.	Rail Safety Act 1998	68
29.	Road Traffic Act 1974	68
30.	Royal Commissions Act 1968	68
31.	Strata Titles Act 1985	68
32.	Street Alignment Act 1844	68
33.	Suitors’ Fund Act 1964	68
34.	Transfer of Land Act 1893	69
35.	Veterinary Preparations and Animal Feeding
Stuffs Act 1976	69
36.	Weapons Act 1999	69
37.	Wildlife Conservation Act 1950	69
38.	Workers’ Compensation and Rehabilitation
Act 1981	69
Schedule 2 — Amendments to change

terminology

1.	Aboriginal Affairs Planning Authority Act 1972	71
2.	Aboriginal Communities Act 1979	71
3.	Aboriginal Heritage Act 1972	72
4.	Agricultural and Veterinary Chemicals (Western
Australia) Act 1995	72
5.	Agricultural Products Act 1929	72

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Contents

6. Agriculture and Related Resources Protection

Act 1976

Animal Welfare Act 2002

Architects Act 2004

Armorial Bearings Protection Act 1979

10.

Art Gallery Act 1959

11.

Betting Control Act 1954

12.

Botanic Gardens and Parks Authority Act 1998

13.

Builders’ Registration Act 1939

14. Building and Construction Industry Training Fund

and Levy Collection Act 1990

15.

Bush Fires Act 1954

16.

Cannabis Control Act 2003

17.

Caravan Parks and Camping Grounds Act 1995

18.

Casino Control Act 1984

19.

Cemeteries Act 1986

20.

Censorship Act 1996

21.

Chicken Meat Industry Act 1977

22.

Child Welfare Act 1947

23.

Children and Community Services Act 2004

24.

Children’s Court of Western Australia Act 1988

25. Coal Industry Tribunal of Western Australia

Act 1992

26.

Community Services Act 1972

27.

Companies (Co-operative) Act 1943

28. Competition Policy Reform (Western Australia)

Act 1996

29.

Conservation and Land Management Act 1984

30. Construction Industry Portable Paid Long Service

Leave Act 1985

31.

Contaminated Sites Act 2003

32.

Control of Vehicles (Off-road Areas) Act 1978

33.

Co-operative and Provident Societies Act 1903

34.

Country Areas Water Supply Act 1947

35.

Country Towns Sewerage Act 1948

36.

The Criminal Code

37. Criminal Investigation (Extra-territorial Offences)

Act 1987

38. Criminal Investigation (Identifying People)

Act 2002

Criminal Procedure and Appeals (Consequential and Other Provisions) Act

2004

Contents

39. Criminal Law (Mentally Impaired Defendants)

Act 1996

40.

Criminal Property Confiscation Act 2000

41.

Curtin University of Technology Act 1966

42.

Dangerous Goods Safety Act 2004

43.

Dental Act 1939

44.

Dental Prosthetists Act 1985

45.

Director of Public Prosecutions Act 1991

46.

Disability Services Act 1993

47.

Dog Act 1976

48.

Edith Cowan University Act 1984

49.

Electoral Act 1907

50.

Energy Operators (Powers) Act 1979

51.

Environmental Protection Act 1986

52.

Evidence Act 1906

53.

Exotic Diseases of Animals Act 1993

54.

Fair Trading Act 1987

55.

Family Court Act 1997

56.

Fertilizers Act 1977

57.

Finance Brokers Control Act 1975

58. Fines, Penalties and Infringement Notices

Enforcement Act 1994

59.

Firearms Act 1973

60.

First Home Owner Grant Act 2000

61.

Fish Resources Management Act 1994

62.

Forest Products Act 2000

63.

Gaming and Wagering Commission Act 1987

64.

Government Agreements Act 1979

65.

Government Railways Act 1904

66.

Health Act 1911

67.

Heritage of Western Australia Act 1990

68.

Home Building Contracts Act 1991

69.

Human Reproductive Technology Act 1991

70.

Income Tax Assessment Act 1937

71.

Industrial Relations Act 1979

72.

Land Drainage Act 1925

73.

Licensed Surveyors Act 1909

74.

Liquor Licensing Act 1988

75.

Litter Act 1979

76.

Local Government Act 1995

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Contents

77. Local Government (Miscellaneous Provisions)

Act 1960

78.

Magistrates Court Act 2004

79.

Marine and Harbours Act 1981

80.

Maritime Archaeology Act 1973

81.

Marketing of Potatoes Act 1946

82.

Medical Act 1894

100

83. Metropolitan Water Supply, Sewerage, and

Drainage Act 1909

100

84.

Mines Safety and Inspection Act 1994

100

85.

Mining Act 1978

100

86.

Motor Vehicle (Third Party Insurance) Act 1943

100

87.

Motor Vehicle Dealers Act 1973

101

88.

Motor Vehicle Repairers Act 2003

101

89.

Murdoch University Act 1973

101

90.

Museum Act 1969

101

91.

National Trust of Australia (W.A.) Act 1964

101

92. New Tax System Price Exploitation Code (Western

Australia) Act 1999

102

93.

Nurses Act 1992

102

94.

Occupational Safety and Health Act 1984

102

95.

Occupational Therapists Registration Act 1980

102

96.

Official Prosecutions (Defendants’ Costs) Act 1973

102

97.

Optometrists Act 1940

102

98.

Painters’ Registration Act 1961

103

99.

Pawnbrokers and Second-hand Dealers Act 1994

103

100.

Pearling Act 1990

103

101.

Perth Market Act 1926

103

102.

Perth Parking Management Act 1999

104

103.

Petroleum Products Pricing Act 1983

104

104.

Petroleum Safety Act 1999

104

105.

Pharmacy Act 1964

104

106.

Pig Industry Compensation Act 1942

104

107.

Plant Diseases Act 1914

105

108.

Podiatrists Registration Act 1984

105

109.

Poisons Act 1964

105

110.

Police Act 1892

105

111.

Port Authorities Act 1999

106

112.

Prisoners (Interstate Transfer) Act 1983

106

113.

Prisons Act 1981

107

114.

Prostitution Act 2000

107

Criminal Procedure and Appeals (Consequential and Other Provisions) Act

2004

Contents

115.	Psychologists Registration Act 1976	107
116.	Public Meetings and Processions Act 1984	107
117.	Public Transport Authority Act 2003	107
118.	Rail Safety Act 1998	108
119.	Rates and Charges (Rebates and Deferments)
Act 1992	108
120.	Real Estate and Business Agents Act 1978	109
121.	Retail Trading Hours Act 1987	109
122.	Road Traffic Act 1974	109
123.	Road Traffic Amendment Act (No. 2) 1987	110
124.	Road Traffic Amendment Act 2000	110
125.	Rottnest Island Authority Act 1987	111
126.	Sale of Land Act 1970	111
127.	School Education Act 1999	111
128.	Securities Industry Act 1975	112
129.	Seeds Act 1981	112
130.	Settlement Agents Act 1981	113
131.	Soil and Land Conservation Act 1945	113
132.	Spear-guns Control Act 1955	113
133.	Spent Convictions Act 1988	113
134.	Suitors’ Fund Act 1964	113
135.	Swan River Trust Act 1988	113
136.	Taxation Administration Act 2003	114
137.	Taxi Act 1994	114
138.	Transport Co-ordination Act 1966	114
139.	Travel Agents Act 1985	115
140.	University of Western Australia Act 1911	115
141.	Valuation of Land Act 1978	115
142.	Veterinary Preparations and Animal Feeding
Stuffs Act 1976	116
143.	Veterinary Surgeons Act 1960	116
144.	Vexatious Proceedings Restriction Act 2002	116
145.	Water Agencies (Powers) Act 1984	116
146.	Water Boards Act 1904	117
147.	Waterways Conservation Act 1976	117
148.	Weights and Measures Act 1915	117
149.	Western Australian College of Teaching Act 2004	118
150.	Western Australian Marine Act 1982	118
151.	Western Australian Sports Centre Trust Act 1986	118
152.	Western Australian Trotting Association Act 1946	118
153.	The Western Australian Turf Club Act 1892	118

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Contents

154.	White Phosphorus Matches Prohibition Act 1912	119
155.	Wildlife Conservation Act 1950	119
156.	Workers’ Compensation and Rehabilitation
Act 1981	120
157.	Workers’ Compensation and Injury Management
Act 1981	120
158.	Young Offenders Act 1994	121
159.	Zoological Parks Authority Act 2001	121

Western Australia

Criminal Procedure and Appeals (Consequential

and Other Provisions) Act 2004

No. 84 of 2004

An Act to —

•	repeal the **Criminal Procedure (Summary) Act 1902; and**
•	amend *The Criminal Code* and various Acts,

as a consequence of and in connection with the enactment of the —

•	**Criminal Procedure Act 2004; and**
•	*Criminal Appeals Act 2004*,

and to amend various Acts in relation to procedural and other

matters.

[Assented to 16 December 2004]

The Parliament of Western Australia enacts as follows:

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This Act may be cited as the Criminal Procedure and Appeals

(Consequential and Other Provisions) Act 2004.

2. Commencement

(1)

This Act comes into operation on a day fixed by proclamation.

(2)

Different days may be fixed under subsection (1) for different

provisions.

(3)

For the purposes of subsection (2), each amendment in a Table

to a provision of this Act or in a Schedule to this Act is to be

taken to be a separate provision of this Act.

3. Interpretation Act 1984, operation of

If an enactment is repealed by this Act and is re-enacted (with

or without modification) by the —

(a)	Criminal Procedure Act 2004; or
(b)

Criminal Appeals Act 2004,

then for the purposes of the Interpretation Act 1984 section 36,

the enactment is to be taken to have been repealed and

re-enacted by the Act referred to in paragraph (a) or (b).

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Various Acts repealed

Part 2

s. 4

Part 2 — Various Acts repealed

4. Criminal Procedure (Summary) Act 1902 repealed and transitional provision

(1)	The Criminal Procedure (Summary) Act 1902 is repealed.
(2)	A reference in a written law or book, document or writing to the Criminal Procedure (Summary) Act 1902 is, unless the contrary intention appears, to be construed as if it had been amended to
be a reference to the Criminal Procedure Act 2004.

5. Grand Jury Abolition Act Amendment Act 1883 repealed

The Grand Jury Abolition Act Amendment Act 1883 is repealed.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 3	Bail Act 1982 amended
s. 6
Part 3 — *Bail Act 1982* amended

6. The Act amended in this Part

The amendments in this Part are to the Bail Act 1982*.

[* Reprinted as at 27 August 1999.

For subsequent amendments see Western Australian

Legislation Information Tables for 2003, Table 1, p. 28 and

Acts Nos. 50 of 2003 and 4 of 2004.]

7. Section 48 amended

Section 48(5) is repealed and the following subsection is

inserted instead —

“

(5)	An application under subsection (1) must be made, and proceedings on it are to be conducted —

(a)	in a court of summary jurisdiction — in accordance with regulations made under the Criminal Procedure Act 2004;
(b)	in the Supreme Court or the District Court — in accordance with rules of court made under the Criminal Procedure Act 2004.

”.

8. Section 49 amended

(1)	If the Bail Amendment Act 2004 has not come into operation when this subsection comes into operation, section 49(1)(a) of the Bail Act 1982 is amended by deleting “make application for payment by way of complaint to an appropriate judicial officer” and inserting instead — “

apply to an appropriate judicial officer for an order that

the sum be paid

”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Bail Act 1982 amended

Part 3

s. 9

(2)	Section 49(2) is repealed and the following subsection is inserted instead —

“

(2)	An application under subsection (1) must be made, and proceedings on it are to be conducted —

(a)	in a court of summary jurisdiction — in accordance with regulations made under the Criminal Procedure Act 2004;
(b)	in the Supreme Court or the District Court — in accordance with rules of court made under the Criminal Procedure Act 2004.

”.

9. Section 54 amended

(1)	If the Bail Amendment Act 2004 has not come into operation when this subsection comes into operation, section 54(2)(b) of the Bail Act 1982 is amended by deleting “make a complaint to an appropriate judicial officer as to” and inserting instead — “

apply to an appropriate judicial officer for a summons

or warrant on

”.

(2)	Section 54(3) is repealed and the following subsection is inserted instead —

“

(3)	An application under subsection (2)(b) must be made, and proceedings on it are to be conducted —

(a)	in a court of summary jurisdiction — in accordance with regulations made under the Criminal Procedure Act 2004;
(b)	in the Supreme Court or the District Court — in accordance with rules of court made under the Criminal Procedure Act 2004.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 3	Bail Act 1982 amended
s. 10

”.

10. Schedule 1 Part A amended

(1)	Schedule 1 Part A clause 1 is amended as follows:

(a)	by inserting before “The initial” the subclause designation “ (1) ”;
(b)	by deleting “court” and inserting instead —

“

a court of summary jurisdiction or the Children’s Court

”;

(c)	by inserting at the foot of the clause the following subclause —

“

(2)	The initial appearance in the	A judge of the District Court
District Court or the	or a judge of the Supreme
Supreme Court, not being	Court, as the case requires.
the initial appearance to which clause 3 applies.

”.

(2)	Schedule 1 Part A clause 4 is deleted and the following clause is inserted instead —

“

4. Appearance in connection with appeal etc.

(1)	Appearance in connection	If the appeal is being
with an application or appeal	determined by a single judge
made under the Criminal	of the Supreme Court, a single
Appeals Act 2004 or with	judge of the Supreme Court;
any order made in	If the appeal is being
determining the application	determined by the Court of
or appeal.	Appeal, the Court of Appeal or a single judge of appeal.
(2)	Appearance in connection	The Children’s Court.
with a rehearing of proceedings ordered under

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Bail Act 1982 amended	Part 3
s. 11

section 28 of the Children’s Court of Western Australia Act 1988.

(3)

Appearance in connection

The Children’s Court

with the reconsideration of

constituted by the President.

an order under section 40 of

the Children’s Court of

Western Australia Act 1988.

”.

(3)	Schedule 1 Part A clause 7 is deleted and the following clause is inserted instead —

“

7. Interpretation in this Part

In this Part, unless the contrary intention appears —

“proceedings for an offence” in clause 2 (but not in

clause 1) includes any of the following proceedings

relating to that offence —

(a) appeal proceedings;

(b)	proceedings on a writ of habeas corpus; and
(c)	proceedings on the re-appearance of an offender under section 50 of the Sentencing Act 1995.

”.

11. Small amendments

The Act is amended as set out in the Table to this section.

Table

s. 3(1)

In the definition of “prosecutor”, delete “complaint, the

complainant” and insert instead —

“ prosecution notice, the prosecutor ”.

In the definition of “trial”, delete “complaint” and insert

instead —

“ prosecution notice ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 3	Bail Act 1982 amended
s. 11
s. 7A(1)	In each provision, delete “Part VIII of the Criminal Procedure
s. 21(2)(a)	(Summary) Act 1902” and insert instead —
s. 53(2)	“ Part 2 of the Criminal Appeals Act 2004 ”.
Sch. 1 —

Pt. C cl. 5

s. 16(2)(b)	In each provision, delete “Criminal Procedure (Summary)
s. 54(5)	Act 1902” and insert instead — “ Criminal Procedure Act 2004 ”.
s. 20(3)(b)	Delete “complaint” and insert instead — “ prosecution notice ”.
s. 49(1)(c)	Delete “complaint” and insert instead — “ application ”.
s. 51(3)	Delete “Notwithstanding section 140 of the Criminal Procedure (Summary) Act 1902, a defendant” and insert instead — “ An accused ”.
s. 52(1)	Delete “bringing proceedings for” and insert instead — “ prosecuting ”.
s. 52(3)	Delete “Proceedings for an offence which is to be dealt with under this section shall be commenced by a complaint made in writing to a justice, and lodged — ” and insert instead — “

A prosecution for an offence which is to be dealt with under this section shall be commenced by the authorised officer (as defined in section 80 of the Criminal Procedure Act 2004) who was conducting the proceedings in which the accused failed to comply with his bail undertaking —

”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Bail Act 1982 amended	Part 3
s. 11

s. 52(4)

Repeal the subsection and insert instead —

“

(4)	Subject to section 51(3) and (5), a prosecution for an offence which is to be dealt with under this section is to be commenced and conducted under the Criminal Procedure Act 2004 as if it were a prosecution of a simple offence in a court of summary jurisdiction.

”.

s. 53(1)

Delete “(as defined in section 4 of the Criminal Procedure

(Summary) Act 1902)” and insert instead —

“

(as defined in section 6 of the Criminal Appeals

Act 2004)

”.

s. 53(3)	Delete “section 195A of the Criminal Procedure (Summary) Act 1902” and insert instead — “ section 13(1) of the Criminal Appeals Act 2004 ”.
s. 54(5)	Repeal the subsection.
Sch. 1 Pt. C	In each provision, delete “complaint under the Criminal
cl. 3B(2)(b)	Procedure (Summary) Act 1902” and insert instead —
cl. 3B(2)(c)	“ prosecution ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 4	Children’s Court of Western Australia Act 1988 amended
s. 12

Part 4 — Children’s Court of Western Australia

Act 1988 amended

12. The Act amended in this Part

The amendments in this Part are to the Children’s Court of

Western Australia Act 1988*.

[* Reprinted as at 25 August 2000.

For subsequent amendments see Western Australian

Legislation Information Tables for 2003, Table 1, p. 54 and

Act No. 4 of 2004.]

13. Section 19B amended

Section 19B(3) is repealed and the following subsection is

inserted instead —

“

(3)	If the child makes an election under subsection (1) the Court shall proceed under Part 3 Division 4 of the Criminal Procedure Act 2004 as if the charge were one that must be tried on indictment.

”.

14. Section 20 amended

Section 20 is amended as follows:

(a)	by inserting before “Subject to” the subsection designation “(1)”;
(b)	by inserting the following subsection —

“

(2)	Section 172 of the Criminal Procedure Act 2004, with any necessary changes, applies in respect of the Court when it is exercising jurisdiction under subsection (1).

”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Children’s Court of Western Australia Act 1988 amended	Part 4
s. 15

15. Section 41 replaced

Section 41 is repealed and the following section is inserted

instead —

“

41. Appeals against decisions of magistrates etc.

Subject to this Part, an appeal against a decision of the

Court when constituted so as not to consist of or

include a Judge may be made under and subject to

Part 2 of the Criminal Appeals Act 2004.

”.

16. Section 42A inserted

After section 42 the following section is inserted —

“

42A.

Appeals from judges’ decisions in criminal matters

Subject to section 43, an appeal against a decision or

judgment of the Court when constituted so as to consist

of or include a Judge may be made under and subject to

Part 3 of the Criminal Appeals Act 2004 which, with

any necessary changes, applies as if the decision or

judgment were a decision or judgment made by a judge

of a superior court (as defined in section 4 of that Act)

in a trial by a judge alone under the Criminal

Procedure Act 2004.

”.

17. Section 43 amended

Section 43 is amended as follows:

(a)	by repealing subsections (1), (2), (3), (3a) and (3b);

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 4	Children’s Court of Western Australia Act 1988 amended
s. 18

(b)	by inserting after subsection (4) —

“

(5)	An appeal under subsection (4) must be commenced and conducted in accordance with rules of court made by the Supreme Court.
(6)	An appeal under subsection (4) cannot be commenced later than 21 days after the date of the Judge’s finding, order or other decision unless the Court of Appeal
orders otherwise.
(7)	The leave of the Court of Appeal is required for each ground of appeal in an appeal under subsection (4).
(8)	In an appeal under subsection (4), the Court of Appeal —

(a)	may affirm, vary or set aside the Judge’s finding, order or other decision;
(b)	may make any finding, order or other decision that the Judge could have made;
(c)	if it sets aside the Judge’s finding, order or other decision, may order the application concerned be dealt with again.

”.

18. Small amendments

The Act is amended as set out in the Table to this section.

Table

s. 4(2)

In each provision, delete “Criminal Procedure (Summary)

s. 37(2)

Act 1902” and insert instead —

“ Criminal Procedure Act 2004 ”.

s. 19B(1)(b)

In subparagraph (ii), delete “section 99(2) of the Criminal

Procedure (Summary) Act 1902” and insert instead —

“ section 40(2) of the Criminal Procedure Act 2004 ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Children’s Court of Western Australia Act 1988 amended	Part 4
s. 18

s. 19B(4)(a)(i)

Delete “section 611B of The Criminal Code” and insert

instead —

“ section 95 of the Criminal Procedure Act 2004 ”.

s. 19B(4)(c)

Delete “Part VIII of The Criminal Code” and insert instead —

“ Part 4 or 5 of the Criminal Procedure Act 2004 ”.

Delete “and The Criminal Code” and insert instead —

“ and the Criminal Procedure Act 2004 ”.

s. 19C(1)

Delete “then — ” and the rest of the subsection and insert

instead —

“

then the Court shall proceed under Part 3 Division 4 of the Criminal Procedure Act 2004 as if the charge were one that must be tried on indictment.

”.

s. 32

Repeal the section.

s. 42(1)

Delete “Part VIII of the Criminal Procedure (Summary)

Act 1902” and insert instead —

“ Part 2 of the Criminal Appeals Act 2004 ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 5	The Criminal Code amended
s. 19

Part 5 — The Criminal Code amended

19. The Criminal Code amended

The amendments in this Part are to The Criminal Code*.

[* Reprint 10 as at 7 February 2003 (see the Schedule to the

Criminal Code Act 1913 appearing as Appendix B to the

Criminal Code Compilation Act 1913).

For subsequent amendments see Western Australian

Legislation Information Tables for 2003, Table 1, p. 95 and

Acts Nos. 50 and 78 of 2003 and 4 of 2004.]

20. Section 360 amended

Section 360 is amended as follows:

(a)	by inserting before “Any person” the subsection designation “(1)”;
(b)	by inserting before “If the offender” the subsection designation “(2)”;
(c)	by inserting the following subsection —

“

(3)

A person charged with the unlawful publication of

defamatory matter, who sets up as a defence that the

defamatory matter is true, and that it was for the public

benefit that the publication should be made, must plead

that matter specially, and may plead it with any other

plea, except the plea of guilty.

”.

21. Heading to Part VIII replaced

The heading to Part VIII is deleted and the following heading is

inserted instead —

“

Part VIII — Miscellaneous

”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

The Criminal Code amended	Part 5
s. 22

22. Chapters LXI and LXII repealed

Chapters LXI and LXII are repealed.

23. Heading to Chapter LXIII replaced

The heading to Chapter LXIII is deleted and the following

heading is inserted instead —

“

Chapter LXIII — Alternative verdicts

”.

24. Chapters LXIV to LXIX repealed

Chapters LXIV, LXIVA, LXV, LXVI, LXVII, LXVIII and

LXIX are repealed.

25. Chapter LXXIII repealed

Chapter LXXIII is repealed.

26. Section 730 inserted

Before section 731 the following section is inserted in

Chapter LXXIV —

“

730. Forfeitures, escheats etc. abolished

Forfeitures (except under a written law), escheats,

attainders and corruptions of blood on account of crime

or conviction stand abolished.

”.

27. Amendments about previous convictions

(1)

Section 52 is amended by repealing the paragraph that begins

“If he has been”.

(2)

Section 378(12) is repealed.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 5	The Criminal Code amended
s. 28

(3)	Section 407 is amended by repealing the paragraph that begins “If the offender”.

28. Other repeals and amendments

The Criminal Code is amended as set out in the Table to this

section.

Table

s. 3(4)	Repeal the subsection.
s. 5(5)(b)	Delete “Part V of the Criminal Procedure (Summary) Act 1902” and insert instead — “ section 41 of the Criminal Procedure Act 2004 ”.
s. 5(9)(a)	After “guilty” insert — “ or otherwise ”.
s. 133A	Delete “makes or swears a complaint under the Criminal Procedure (Summary) Act 1902” and insert instead — “

signs a prosecution notice under the Criminal

Procedure Act 2004

”.

Ch. LXXII	In the heading to Chapter LXXII, delete “: Restitution of property unlawfully acquired”.
s. 733	Repeal the section.
s. 739	Repeal the section.
s. 740	Repeal the section.
s. 741	Repeal the section.
s. 744	Repeal the section.
s. 745	Repeal the section.
s. 746	Repeal the section.
s. 746A	Repeal the section.
s. 747	Repeal the section.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Director of Public Prosecutions Act 1991 amended	Part 6
s. 29

Part 6 — Director of Public Prosecutions Act 1991

amended

29. The Act amended in this Part

The amendments in this Part are to the Director of Public

Prosecutions Act 1991*.

[* Reprinted as at 1 June 2001.

For subsequent amendments see Western Australian

Legislation Information Tables for 2003, Table 1, p. 104-5.]

30. Section 16A inserted

After section 16 the following section is inserted —

“

16A.

Prosecuting offences of other jurisdictions

(1)

If the Director, with the consent of the Attorney

General, holds an appointment to prosecute offences in

the laws of another jurisdiction, it is a function of the

Director to commence and conduct prosecutions for

those offences in accordance with the terms of the

appointment.

(2)

If a member of the Director’s staff, with the consent of

the Attorney General, holds an appointment to

prosecute offences in the laws of another jurisdiction,

the member may commence and conduct prosecutions

for those offences in accordance with the terms of the

appointment.

”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 6	Director of Public Prosecutions Act 1991 amended
s. 31

31. Small amendments

The Act is amended as set out in the Table to this section.

Table

s. 13

Delete “section 693A of The Criminal Code” and insert

instead —

“ section 47 of the Criminal Appeals Act 2004 ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

District Court of Western Australia Act 1969 amended	Part 7
s. 32

Part 7 — District Court of Western Australia Act 1969

amended

32. The Act amended in this Part

The amendments in this Part are to the District Court of Western

Australia Act 1969*.

[* Reprinted as at 19 January 2001.

For subsequent amendments see Western Australian

Legislation Information Tables for 2003, Table 1, p. 108.]

33. Section 5 amended

Section 5(2) is repealed.

34. Section 43 replaced

Section 43 is repealed and the following section is inserted

instead —

“

43. Exercise of criminal jurisdiction

(1)	The jurisdiction referred to in section 42 is to be exercised subject to —

(a) The Criminal Code; and

(b)	the Criminal Procedure Act 2004.

(2)	This Act does not affect the operation of the Criminal Appeals Act 2004 in respect of decisions and judgments of the Court.

”.

35. Sections 46 to 49 repealed

Sections 46, 47, 48 and 49 are repealed.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 8	Evidence Act 1906 amended
s. 36

Part 8 — Evidence Act 1906 amended

36. The Act amended in this Part

The amendments in this Part are to the Evidence Act 1906*.

[* Reprint 12 as at 10 October 2003.

For subsequent amendments see Western Australian

Legislation Information Tables for 2003, Table 1, p. 128 and

Act No. 4 of 2004.]

37. Section 106H amended

Section 106H(2b) is repealed and the following section is

inserted instead —

“

(2b)	If a person to whom an affected child made a relevant statement makes a written statement in accordance with Schedule 3 clause 4(1) of the Criminal Procedure Act 2004, the written statement is admissible.

”.

38. Section 106RA inserted

After section 106R the following section is inserted —

“

106RA. Visually recording evidence of witnesses in criminal

matters

(1)

Where a prosecution for an offence has commenced in a court, a judge of the court may make an order that the evidence of a person (the “witness”) whose evidence is or may be relevant in the prosecution be taken at a

special hearing and recorded on a visual recording.

(2)

An order cannot be made under subsection (1) in

respect of a person who is an affected child.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Evidence Act 1906 amended	Part 8
s. 39

(3)

An order may be made under subsection (1) on

application by a party to the prosecution, on notice to

the other parties, or of the court’s own motion.

(4)

The grounds on which an order may be made under

subsection (1) are —

(a)	that the witness has been declared to be a special witness under section 106R(1)(a); or
(b)	that it is likely the witness will be out of the State at the time of the proceeding for the offence and will not be able to give evidence at the proceeding by means of a video link or an audio link.

(5)

If an order is made under subsection (1) the order may

include directions as to the conduct of the special

hearing including whether the whole of the witness’s

evidence (including cross-examination and

re-examination) or only the evidence in chief is to be

recorded.

(6)

If the witness has been declared to be a special witness

under section 106R(1)(a), subsection (4) does not

affect the operation of sections 106Q and 106R.

(7)

The court may at any time vary or revoke an order in

force under this section.

”.

39. Section 106T amended

(1)	After section 106T(2) the following subsections are inserted —

“

(2a)

If evidence of a witness is visually recorded under an order made under section 106RA(1) on the ground in section 106RA(4)(a), the evidence is admissible in any

hearing in relation to the proceeding for the offence

concerned to the same extent as if it were given orally

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 8

Evidence Act 1906 amended

s. 39

in the hearing in accordance with the usual rules and

practice of the court concerned.

(2b)

If evidence of a witness is visually recorded under an order made under section 106RA(1) on the ground in section 106RA(4)(b), the evidence is admissible in any

hearing in relation to the proceeding for the offence

concerned to the same extent as if it were given orally

in the hearing in accordance with the usual rules and

practice of the court concerned if the court is satisfied

at that proceeding that —

(a) the witness is dead;

(b)	the witness’s medical or mental condition is such that the witness is not able to give evidence, or to give evidence satisfactorily, in the proceeding;
(c)	the witness is out of the State and is not able to give evidence at the proceeding by means of a video link or an audio link, notwithstanding
that the witness might return at some future time;
(d)	that the witness is being kept out of the way by the accused; or
(e)	that all the parties consent and that the interests of justice do not require the presence of the witness.

(2c)

If under subsection (2a) or (2b), the evidence of a

witness recorded on a visual recording is admitted into

evidence in a hearing, the witness need not be present

at the hearing.

(2d)

If there is a prospect that the witness referred to in

subsection (2b) might recover or return, the court need

not admit the evidence but may adjourn the hearing.

”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Evidence Act 1906 amended	Part 8
s. 40

(2)	Section 106T(3) is amended as follows:

(a)	by deleting “subsection (1) or (2)” and inserting instead —

“ subsection (1), (2), (2a) or (2b) ”;

(b)	by inserting after “special witness” —

“ or witness ”.

(3)

Section 106T(4) is amended by deleting “106R(1)(b)” and

inserting instead —

“ 106RA ”.

40. Section 119 amended

After section 119(4) the following subsection is inserted —

“

(5)	On an application made by a person charged with an offence, the Attorney General may order that all or some of the expenses of a witness or an interpreter called by the person be paid by the State.

”.

41. Small amendments

The Act is amended as set out in the Table to this section.

Table

s. 8(2)	Repeal the subsection.
s. 25A(2)	Delete “section 635 of The Criminal Code” and insert instead — “ section 88 of the Criminal Procedure Act 2004 ”.
s. 28	Repeal the section.
s. 36C(3)(a)	Delete “Criminal Procedure (Summary) Act 1902” and insert instead — “ Criminal Procedure Act 2004 ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 8	Evidence Act 1906 amended
s. 41
s. 106A	In the definition of “visual recording of evidence” delete “106R” and insert instead — “ 106RA ”.
s. 106MA(3)	Delete “106R” and insert instead — “ 106RA ”.
s. 106N(1)(c)	Delete “section 635 of The Criminal Code” and insert instead — “ section 88 of the Criminal Procedure Act 2004 ”.
s. 106R(4)(b)	Delete the paragraph.
s. 106R(4a)	Delete “subsection (4)(b) or (c)” and insert instead — “ subsection (4)(c) ”. Delete “section 106K or 106N, as the case requires,” and insert instead — “ section 106N ”.
s. 106S(1)	Delete “or 106R,” and insert instead — “ 106R or 106RA, ”.
s. 107	Repeal the section and the heading “Depositions” immediately before it.
s. 108	Repeal the section.
Sch. 7 —	Delete “the complaint of the offence was made or, in the case

cl. 1(1)(b)

of an indictment under section 579 of The Criminal Code, on

the day on which the indictment was presented” and insert

instead —

“ proceedings for the offence were commenced ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Fines, Penalties and Infringement Notices Enforcement Act

Part 9

1994 amended

s. 42

Part 9 — Fines, Penalties and Infringement Notices

Enforcement Act 1994 amended

42. The Act amended in this Part

The amendments in this Part are to the Fines, Penalties and

Infringement Notices Enforcement Act 1994*.

[* Reprinted as at 2 November 2001.

For subsequent amendments see Western Australian

Legislation Information Tables for 2003, Table 1, p. 143.]

43. Section 21 amended

Section 21(4), (5), (6), (6a) and (6b) are repealed and the

following subsections are inserted instead —

“

(4)	If an election is made under subsection (1), the Registrar must —

(a)	lodge with a court of summary jurisdiction that has jurisdiction to deal with the alleged offence and the alleged offender a prosecution notice in relation to the alleged offence that contains

such of the information provided to the Registrar under section 16(1)(b) as will sufficiently describe the prosecuting authority,

the alleged offender and the alleged offence;

(b)	serve the alleged offender with a copy of the prosecution notice and a court hearing notice that complies with the Criminal Procedure

Act 2004; and

(c)	prosecution notice has been lodged and give the authority a copy of the notice and a copy of the

notify the prosecuting authority that the paragraph (b).

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 9

Fines, Penalties and Infringement Notices Enforcement Act

1994 amended

s. 44

(5)	When a prosecution notice is lodged with a court under subsection (4)(a) —

(a)	accordance with the Criminal Procedure

the notice is to be taken to have been made in the Registrar by the person who signed the enforcement certificate; and

(b)	the prosecution is to be taken to have been commenced on the day when the enforcement certificate was lodged.

”.

44. Section 58 replaced

Section 58 is repealed and the following section is inserted

instead —

“

58. Amounts payable by witnesses and sureties for witnesses

In respect of the payment of, or the enforcement of the

payment of —

(a)	into by a person under Schedule 4 to the Criminal Procedure Act 2004 that is ordered to

any amount of a witness undertaking entered Act 1982; or

Part 4, with any necessary changes, applies in respect

of the payment of, and the enforcement of the payment

of, the amount as if the amount were a fine imposed on

the person.

any amount of a surety undertaking entered into Procedure Act 2004 in respect of a witness that is ordered to be forfeited under section 49 of the Bail Act 1982,

(b)

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Fines, Penalties and Infringement Notices Enforcement Act

Part 9

1994 amended

”.

45. Section 101B amended

Section 101B(1) is repealed and the following subsection is

inserted instead —

“

(1)	For the purposes of this section a person appeals against a fine, or a decision giving rise to a fine, imposed on the person when the person —

(a)	applies under section 71 of the Criminal Procedure Act 2004 and pays any fee required; or
(b)	is granted leave to appeal under Part 2 or 3 of the Criminal Appeals Act 2004.

”.

46. Small amendments

The Act is amended as set out in the Table to this section.

Table

s. 4	Repeal the section.
Part 5 heading	Delete “or recognizances”.
s. 56(a)	After the paragraph insert — “ or ”.
s. 56(b)	Delete the paragraph and “or” after it.
s. 57(a)	After the paragraph insert — “ or ”.
s. 57(b)	Delete the paragraph and “or” after it.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 10	Juries Act 1957 amended
s. 47

Part 10 — Juries Act 1957 amended

47. The Act amended in this Part

The amendments in this Part are to the Juries Act 1957*.

[* Reprinted as at 3 July 2000.

For subsequent amendments see Western Australian

Legislation Information Tables for 2003, Table 1, p. 199 and

Acts Nos. 50 and 78 of 2003.]

48. Section 38 repealed

Section 38 is repealed.

49. Section 41 replaced

Section 41 is repealed and the following section is inserted

instead —

“

41. Jury’s entitlements when together

At any time when a jury in a criminal trial is required

to be together during any adjournment of the trial or

when it is considering its verdict, it is to be kept under

the charge of an officer of the court in a private place

and provided with such accommodation, food and

drink as the judge may order.

”.

50. Section 57A inserted

Before section 58 the following section is inserted in Part X —

“

57A.

Grand juries not to be summoned

A Grand Jury is not to be summoned for the Supreme

Court, a Circuit Court or the District Court.

”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Juries Act 1957 amended

Part 10

s. 51

51. Small amendments

The Act is amended as set out in the Table to this section.

Table

s. 3(1)

In the definition of “criminal trial” delete “The Criminal Code”

and insert instead —

“ the Criminal Procedure Act 2004 ”.

s. 18(7)

Repeal the subsection.

s. 40

Delete “, death, or incapacity”.

Delete “The Criminal Code” and insert instead —

“ the Criminal Procedure Act 2004 ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 11	Local Government Act 1995 amended
s. 52

Part 11 — Local Government Act 1995 amended

52. The Act amended in this Part

The amendments in this Part are to the Local Government

Act 1995*.

[* Reprint 2 as at 2 April 2004.]

53. Section 4.97 replaced

Section 4.97 is repealed and the following section is inserted

instead —

“

4.97.

Prosecutions

(1)

A prosecution for an offence against this Part may be

commenced by the returning officer or any person

referred to in section 9.24(1).

(2)

If the returning officer commences a prosecution for an

offence against this Part —

(a)	the local government is to pay any expenses incurred by, and any costs awarded against, the returning officer in connection with the proceedings; and
(b)	the returning officer is to pay to the local government any fees or costs paid to the returning officer in respect of the proceedings.

”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Local Government Act 1995 amended

Part 11

s. 54

54. Section 9.24 replaced

Section 9.24 is repealed and the following section is inserted

instead —

“

9.24.

Commencing prosecutions

(1)	A prosecution for an offence against this Act may be commenced by —

(a)	the Departmental CEO or a person authorised by the Departmental CEO to do so;
(b)	a person who is acting in the course of his or her duties as an employee of a local government or a regional local government; or
(c)	a person who is authorised to do so by a local government or a regional local government.

(2)	A prosecution for an offence against a local law may be commenced by —

(a)	a person who is acting in the course of his or her duties as an employee of the local government or regional local government that made the local law; or
(b)	a person who is authorised to do so by the local government or regional local government that made the local law.

”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 12

Official Prosecutions (Defendants’ Costs) Act 1973 amended

Part 12 — Official Prosecutions (Defendants’ Costs)

Act 1973 amended

55. The Act amended in this Part

The amendments in this Part are to the Official Prosecutions

(Defendants’ Costs) Act 1973*.

[* Reprinted as at 19 February 1999.

For subsequent amendments see Western Australian

Legislation Information Tables for 2003, Table 1, p. 269.]

56. Section 4 amended

Section 4(2) is amended as follows:

(a)	by deleting paragraph (a) and inserting instead the following paragraph —

“

(a)	subject to paragraph (c), is successful if —

(i) he is acquitted of the charge, other than on account of unsoundness of mind;

(ii) he is discharged from the charge under section 128(2) or (3) of the Criminal Procedure Act 2004;

(iii) the charge is dismissed for want of prosecution; or

(iv) if his conviction of the charge is set aside;

”;

(b)	by deleting the full stop after paragraph (b) and inserting instead a semicolon;

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Official Prosecutions (Defendants’ Costs) Act 1973 amended

Part 12

s. 56

(c)	by inserting after paragraph (b) the following paragraph —

“

(c)

is not successful if the charge is of an indictable prosecution by the Summary Court —

(i) if section 5 of The Criminal Code applies to the charge — before the Summary Court decides under that section that the charge is to be tried on

indictment; or

(ii) otherwise — before the Summary Court commits him for trial or sentence on the charge.

”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 13	Sentencing Act 1995 amended
s. 57

Part 13 — Sentencing Act 1995 amended

57. The Act amended in this Part

The amendments in this Part are to the Sentencing Act 1995*.

[* Reprint 3 as at 10 October 2003.

For subsequent amendments see Western Australian

Legislation Information Tables for 2003, Table 1, p. 349 and

Acts Nos. 50 of 2003 and 4 of 2004.]

58. Section 79 replaced

Section 79 is repealed and the following section is inserted

instead —

“

79. Re-offending, alleging in court

(1) If —

(a)	a person (the “offender”) has been convicted and dealt with (in this State or elsewhere) for an offence the statutory penalty for which is or includes imprisonment; and
(b)	that offence was committed during the suspension period of suspended imprisonment imposed on the offender in relation to another offence,

a written notice alleging those matters may be lodged

in a court in accordance with this section.

(2)

The notice may be lodged at any time up until 2 years

after the last day of the suspension period.

(3)

The notice may be signed by the CEO, a police officer,

or a person referred to in section 80(2)(a) to (e) of the

Criminal Procedure Act 2004.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Sentencing Act 1995 amended

Part 13

s. 58

(4)	The notice must be in a prescribed form and be signed in the presence of a JP or a prescribed court officer (as defined in section 3 of the Criminal Procedure
Act 2004) who may issue a summons to the offender.
(5)	If the contents of the notice are verified on oath by the person signing it, a magistrate, on the application of that person, may issue an arrest warrant for the offender.
(6)	The notice must be lodged with, and the summons must direct the offender to appear before, or the warrant must direct that the offender be brought before the court that imposed the suspended imprisonment.
(7)	Sections 31 and 32 of the Criminal Procedure Act 2004, with any necessary changes, apply respectively to and in respect of a warrant and summons issued under this section.
(8)	If an offender does not obey such a summons, the court concerned may issue a warrant to have him or her arrested and brought before it.
(9)	If an offender is arrested under a warrant issued under this section, he or she must be given a copy of the notice as soon as practicable after being arrested.

(10)	An offender who appears before a court as a result of a summons or warrant issued under this section must be dealt with by the court under section 80.

”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 13	Sentencing Act 1995 amended
s. 59

59. Section 84E replaced

Section 84E is repealed and the following section is inserted

instead —

“

84E.

Re-offending, alleging in court

(1) If —

(a)	a person (the “offender”) has been convicted and dealt with (in this State or elsewhere) for an offence the statutory penalty for which is or includes imprisonment; and
(b)	that offence was committed during the suspension period of CSI imposed on the offender in relation to another offence,

a written notice alleging those matters may be lodged

in a court in accordance with this section.

(2)	The notice may be lodged at any time up until 2 years after the last day of the suspension period.
(3)	The notice may be signed by the CEO, a police officer, or a person referred to in section 80(2)(a) to (e) of the Criminal Procedure Act 2004.
(4)	The notice must be in a prescribed form and be signed in the presence of a JP or a prescribed court officer (as defined in section 3 of the Criminal Procedure
Act 2004) who may issue a summons to the offender.
(5)	If the contents of the notice are verified on oath by the person signing it, a magistrate, on the application of that person, may issue an arrest warrant for the offender.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Sentencing Act 1995 amended

Part 13

s. 60

(6)	Subject to section 84P(3), the notice must be lodged with, and the summons must direct the offender to appear before, or the warrant must direct that the offender be brought before the court that imposed the CSI.
(7)	Sections 31 and 32 of the Criminal Procedure Act 2004, with any necessary changes, apply respectively to and in respect of a warrant and summons issued under this section.
(8)	If an offender does not obey such a summons, the court concerned may issue a warrant to have him or her arrested and brought before it.
(9)	If an offender is arrested under a warrant issued under this section, he or she must be given a copy of the notice as soon as practicable after being arrested.

(10)	An offender who appears before a court as a result of a summons or warrant issued under this section must be dealt with by the court under section 84F.

”.

60. Section 114A inserted

After section 114 the following section is inserted —

“

114A.

Victim may appeal against refusal of reparation

order

(1)

If a victim applies to a court for a reparation order and

the court decides to make or to refuse to make a

reparation order, the victim may appeal against the

decision.

(2)

The appeal must be commenced and conducted under

Part 2 or 3 of the Criminal Appeals Act 2004, as the

case requires, which, with any necessary changes,

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 13

Sentencing Act 1995 amended

s. 61

applies as if a reparation order were an order that might

be made as a result of a conviction.

(3)	This section does not affect the prosecutor’s rights of appeal under the Criminal Appeals Act 2004.

”.

61. Section 129 replaced

Section 129 is repealed and the following section is inserted

instead —

“

129. Re-offending, alleging in court

(1) If —

(a)	and dealt with (in this State or elsewhere) for an

a person (the “offender”) has been convicted section 131(1)); and

(b)	that offence was committed while the offender was subject to a CRO or community order imposed in relation to another offence,

a written notice alleging those matters may be lodged

in a court in accordance with this section.

(2)

The notice may be lodged at any time up until one year

after the CRO or community order ceases to be in

force.

(3)

The notice may be signed —

(a)	if the offender was subject to a CRO, by the CEO, a police officer, or a person referred to in section 80(2)(a) to (e) of the Criminal Procedure Act 2004;
(b)	if the offender was subject to a community order, only by the CEO.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Sentencing Act 1995 amended

Part 13

s. 61

(4)	The notice must be in a prescribed form and be signed in the presence of a JP or a prescribed court officer (as defined in section 3 of the Criminal Procedure
Act 2004) who may issue a summons to the offender.
(5)	If the contents of the notice are verified on oath by the person signing it, a magistrate, on the application of that person, may issue an arrest warrant for the offender.
(6)	The notice must be lodged with, and the summons must direct the offender to appear before, or the warrant must direct that the offender be brought before the court that imposed the CRO or community order.
(7)	Sections 31 and 32 of the Criminal Procedure Act 2004, with any necessary changes, apply respectively to and in respect of a warrant and summons issued under this section.
(8)	If an offender does not obey such a summons, the court concerned may issue a warrant to have him or her arrested and brought before it.
(9)	If an offender is arrested under a warrant issued under this section, he or she must be given a copy of the notice as soon as practicable after being arrested.

(10)	An offender who appears before a court as a result of a summons or warrant issued under this section must be dealt with by the court under section 130.

”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 13	Sentencing Act 1995 amended
s. 62

62. Section 131 amended

Section 131(2) is repealed and the following subsection is

inserted instead —

“

(2)	A prosecution for an offence under subsection (1) may be commenced —

(a)	in the case of an alleged breach of a CRO, by the CEO, a police officer, or a person referred to in section 80(2)(a) to (e) of the Criminal

Procedure Act 2004;

(b)	in the case of an alleged breach of a community order, only by the CEO.

”.

63. Section 140 amended

After section 140(1) the following subsection is inserted —

“

(1a)	When making a referral under subsection (1)(a) the Attorney General, having regard to the petition, may specify the grounds of appeal to be heard and determined by the Court of Appeal.

”.

64. Schedule 1 amended

Schedule 1 is amended by inserting in the appropriate

alphabetical positions the following entries —

“

Health Act 1911

The local government by or on whose

behalf the prosecution was commenced.

National Trust of

The National Trust of Australia (W.A.).

Australia (W.A.)

Act 1964

”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Sentencing Act 1995 amended

Part 13

s. 65

65. Small amendments

The Act is amended as set out in the Table to this section.

Table

s. 4

Delete the definition of “convicted”.

s. 84P(3)

Delete “complaint” and insert instead —

“ notice ”.

Delete “filed” and insert instead —

“ lodged ”.

s. 112(1)(b)

Delete paragraph and insert instead —

“

(b)	the content of any record (as defined in the Criminal Procedure Act 2004) that is relevant to the offence and that has been disclosed to the offender by the prosecutor under that Act;

”.

s. 120(6)	Repeal the subsection.
s. 121(5)	Delete “complaint laid in respect of ” and insert instead — “ prosecution commenced for ”.
s. 128(1)	Delete “complaint” and insert instead — “ notice lodged ”.
s. 131(3)	Delete “A complaint may be made” and insert instead — “ Such a prosecution may be commenced ”.
s. 131(4)	Repeal the subsection.
s. 131(5)	Delete “complaint” and insert instead — “ charge ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 14	Supreme Court Act 1935 amended
s. 66

Part 14 — Supreme Court Act 1935 amended

66. The Act amended in this Part

The amendments in this Part are to the Supreme Court

Act 1935*.

[* Reprinted as at 9 February 2001.

For subsequent amendments see Western Australian

Legislation Information Tables for 2003, Table 1, p. 381-2.]

67. Section 33 inserted

After section 32 the following section is inserted —

“

33. Judgments and orders, correction of

If any judgment or order of the Court contains a

clerical mistake or any error arising from an accidental

slip or omission, the Court may correct the judgment or

order without an appeal.

”.

68. Section 154 amended

After section 154(5) the following subsection is inserted —

“

(5a)

Notwithstanding subsections (3) and (4), if in relation

to any criminal proceeding in the Supreme Court or

any other court any act is required or permitted to be

done by, to, or with reference to the Attorney General,

then, during any vacancy in the office of Attorney

General and during any period for which the Attorney

General is, by reason of his absence from the State,

illness, incapacity or other sufficient cause, unable to

discharge the functions of his office, the act may be

done by, to, or with reference to such of the

Solicitor-General or the State Solicitor as the Governor

may designate by Order in Council.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Supreme Court Act 1935 amended

Part 14

”.

69. Heading to Part X amended

The heading to Part X is amended by deleting “, etc.”.

70. Heading inserted

Immediately before section 172 the following heading is

inserted —

“

Part XI — Miscellaneous

”.

71. Section 178 inserted

After section 177 the following section is inserted —

“

178. Habeas corpus proceedings

(1)	If a person who is in custody pursuant to a warrant issued by another court is brought before the Supreme Court on a writ of habeas corpus, the Supreme Court must not order the release of the person on the ground of a defect or error in the warrant unless —

(a)	it has received from the other court certified copies of the warrant and any court records that relate to the conviction or order in respect of which the warrant was issued; or
(b)	if it has not received such copies, a reasonable time has elapsed since it requested the other court to supply the copies.

(2)	If the Supreme Court receives such documents and is satisfied —

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 14

Supreme Court Act 1935 amended

s. 72

(a)	that the conviction or order in respect of which the warrant was issued appears to be justified; and
(b)	that any defect or error in the warrant is one of form only and does not affect the substantial merits of the conviction or order,

the Supreme Court may order the warrant to be

amended to rectify any defect or error and the person to

be returned to custody.

”.

72. Small amendments

The Act is amended as set out in the Table to this section.

Table

s. 22

Delete “Rules of Court and the General Rules prescribed under

The Criminal Code” and insert instead —

“

Criminal Procedure Act 2004 and rules of court made under that Act that apply to the Supreme Court

”.

s. 43(1)	Delete “criminal” and insert instead — “ appellate ”.
s. 57(2)	In each provision, delete “Chapter LXIX of The Criminal
s. 57(4)(a)	Code” and insert instead —
s. 57(4)(b)	“ Part 3 of the Criminal Appeals Act 2004 ”.
s. 58(1)(f)
s. 58(1)(g)	In each provision, delete “Part VIII of the Criminal Procedure
s. 58(1)(h)	(Summary) Act 1902” and insert instead — “ Part 2 of the Criminal Appeals Act 2004 ”.
s. 154(5)	Delete “the provisions of ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Young Offenders Act 1994 amended

Part 15

s. 73

Part 15 — Young Offenders Act 1994 amended

73. The Act amended in this Part

The amendments in this Part are to the Young Offenders

Act 1994*.

[* Reprinted as at 8 December 2000.

For subsequent amendments see Western Australian

Legislation Information Tables for 2003, Table 1, p. 441 and

Acts Nos. 50 of 2003 and 4 of 2004.]

74. Section 55 amended

(1)	Section 55(4) is amended by inserting after “that Act” — “

or for the purpose of an appeal under the Criminal

Appeals Act 2004

”.

(2)	After section 55(5) the following subsection is inserted —

“

(6)	The powers in this section may be exercised despite section 147(1) of the Criminal Procedure Act 2004.

”.

75. Section 60 inserted

After section 59 the following section is inserted —

“

60. Orders etc. under this Part are sentences

For the purposes of an appeal under the Criminal

Appeals Act 2004 each of the following is to be taken

to be a sentence —

(a)	a decision made under Division 2, 3 or 4 to refrain from imposing any punishment;

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 15

Young Offenders Act 1994 amended

s. 76

(b)	a fine imposed under Division 5;
(c)	a youth community based order imposed under Division 6;
(d)	an intensive youth supervision order or a conditional release order imposed under Division 7;
(e)	a custodial sentence imposed under Division 8;
(f)	the making or discharge of a special order under Division 9;
(g)	a decision by the court, having found a young person guilty of an offence, to record or not to record a conviction of the offence in respect of the person.

”.

76. Section 178 amended

After section 178(5) the following subsection is inserted —

“

(6)

If the Court decides to make or refuse to make a

direction under subsection (3), the offender or the chief

executive officer may appeal against the decision under

and subject to Part 3 of the Criminal Appeals Act 2004

which, with any necessary changes, applies as if the

direction were an order that might be made as a result

of a conviction.

”.

77. Small amendments

The Act is amended as set out in the Table to this section.

Table

s. 5	Delete “Criminal Procedure (Summary) Act 1902” and insert instead — “ Criminal Procedure Act 2004 ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Various Acts amended

Part 16

s. 78

Part 16 — Various Acts amended

78. Various Acts amended (Sch 1)

Each Act listed in Schedule 1 is amended as set out in that

Schedule immediately below the short title of the Act.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 17	Amendments to change terminology
s. 79

Part 17 — Amendments to change terminology

79. References to “complaint” changed to “prosecution notice”

Each provision in the Table to this section is amended by

deleting “complaint” in each place it occurs and in each place

inserting instead —

“ prosecution notice ”.

Table

Adoption Act 1994	s. 128(3)
Argentine Ant Act 1968	s. 15(2)(b)
Corruption and Crime Commission Act 2003	s. 50(2)
Diamond (Argyle Diamond Mines Joint Venture)	s. 24
Agreement Act 1981
Door to Door Trading Act 1987	s. 21
Employment Agents Act 1976	s. 31(d)
Osteopaths Act 1997	s. 91(3)
Radiation Safety Act 1975	s. 57(2)(d) s. 57(3)

80. Various Acts amended (Sch 2)

Each Act listed in Schedule 2 is amended as set out in that

Schedule immediately below the short title of the Act.

81. References to “complaint” to be read as references to “prosecution notice”

(1)

A reference in a written law or book, document or writing to a complaint in the context of commencing proceedings in a court for an offence is, unless the contrary intention appears, to be

taken to be a reference to a prosecution notice.

(2)

A reference in a written law to a complaint in the context of

applying for a warrant to enter or search a place or to seize any

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Amendments to change terminology

Part 17

s. 82

thing is, unless the contrary intention appears, to be taken to be

a reference to an application.

82. References to “defendant” changed to “accused”

Each provision listed in Table 2, 3 or 4 to this section is

amended by deleting any expression listed in Table 1 column 1

in each place it occurs (whether in ordinary type, italics, bold or

capitals) and in each place inserting instead (in corresponding

type) the expression opposite the deleted expression in Table 1

column 2.

Table 1

Delete	Insert instead
A defendant	An accused
a defendant	an accused
a defendant’s	an accused’s
defendant	accused
defendants	accused
Defendants’	Accused’s
Defendants	Accused
the defendant	the accused
the defendant’s	the accused’s

Table 2 — Various provisions

Aboriginal Heritage Act 1972	s. 60(2)
Agricultural Products Act 1929	s. 8(3)
Agriculture and Related Resources	s. 51(2) & (2a)
Protection Act 1976	s. 77(4) s. 80(4) s. 93(2)
Architects Act 1921	s. 31B(2)
Architects Act 2004	s. 14(2) s. 42(3)
Auction Sales Act 1973	s. 24(2)

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 17	Amendments to change terminology
s. 82

Betting Control Act 1954	s. 11G(5) s. 24(1a)
Casino Control Act 1984	s. 27(2)
Censorship Act 1996	s. 61(3) s. 65D(3) s. 65E(2) & (5) s. 102(3) s. 102A(5) s. 102B(5) s. 102C(6) s. 102D(3) s. 102E(3) s. 102F(3) s. 116(1) s. 141A(1) & (4)
Charitable Collections Act 1946	s. 6(3)
Child Welfare Act 1947	s. 145
Civil Aviation (Carriers’ Liability)	s. 9(2)
Act 1961
Companies (Co-operative) Act 1943	s. 141(2) s. 428
Construction Industry Portable Paid Long	s. 49(3)
Service Leave Act 1985
Consumer Affairs Act 1971	s. 21(2)
Corruption and Crime Commission	s. 177(1)
Act 2003
Court Security and Custodial Services	s. 3 “custodial place”
Act 1999	s. 4(1) s. 16(2) Sch. 2 cl. 5
Credit Act 1984	s. 132(4)
The Criminal Code	s. 5(1) to (6) & (8) to (11) s. 563A(2)
Criminal Investigation (Identifying People)	s. 67(3)
Act 2002	Sch 1. cl. 4(1)
Criminal Property Confiscation Act 2000	s. 50(3)
Dangerous Goods Safety Act 2004	s. 62(2)
Dangerous Goods (Transport) Act 1998	s. 41

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Amendments to change terminology

Part 17

s. 82

Dental Act 1939	s. 60
Dental Prosthetists Act 1985	s. 27(4) & (5) s. 29(2)
Dog Act 1976	s. 53(6)
Door to Door Trading Act 1987	s. 18(2) s. 21
Electoral Act 1907	s. 18 s. 59
Employment Agents Act 1976	s. 31
Environmental Protection Act 1986	s. 79(3)
Evidence Act 1906	s. 9(1), (2), (4) & (5) s. 14 s. 36B s. 36BA s. 36BC(1) s. 40 s. 106G s. 106H(1) s. 106HB(2), (3) & (7) s. 106K(3) s. 106N(2), (3) & (4) s. 106P s. 106Q s. 106R(3) & (7) s. 112 Sch. 7 Pt. A cl. 1(1)
Fair Trading Act 1987	s. 19(3) s. 83(1) to (5)
Federal Courts (State Jurisdiction)	s. 12B(3)
Act 1999
Fertilizers Act 1977	s. 30(4) s. 41
Finance Brokers Control Act 1975	s. 18F(2)
Fish Resources Management Act 1994	s. 212(2) s. 213(4)
Fuel, Energy and Power Resources	s. 50(8)
Act 1972
Gas Standards Act 1972	s. 13(2)
Gold Corporation Act 1987	s. 74(5)

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Part 17	Amendments to change terminology
s. 82

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Amendments to change terminology

Schedule 2

s. 167(2)

Delete “complaint for the alleged offence may be heard and

determined by” and insert instead —

“

prosecution for the alleged offence may be

commenced in

”.

s. 167(7)(b)(i)

Delete “complaint for” and insert instead —

“ charge of ”.

s. 168(1)

Delete “complaint for an offence against this Act may be laid”

and insert instead —

“

prosecution for an offence against this Act may be

instituted

”.

s. 171(1)(a)	Delete “a complaint, arising out of the purchase or obtaining of the liquor, is made against some other person” and insert instead —
“

some other person is charged with an offence arising out

of the purchase or obtaining of the liquor

”.

s. 171(1)(b)	Delete “complaint” and insert instead — “ charge ”.
s. 171(2)	Delete “complaint” and insert instead — “ charge of an offence ”.
s. 172(1)	Delete “complaint” in each place it occurs and in each place insert instead — “ charge ”.
s. 172(4)	After “any notice” insert — “ to a party to the proceedings ”. Delete “defendant” and insert instead — “ party ”.
s. 172(7)	Delete “complaint” and insert instead — “ prosecution notice ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Schedule 2

Amendments to change terminology

75. Litter Act 1979

s. 30(1)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

76. Local Government Act 1995

s. 6.56(2)

Delete “complaint,”.

s. 9.17(1)(b)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

s. 9.26

Delete “complaint which it is necessary to make under or for a

purpose of ” and insert instead —

“ prosecution notice for an offence under ”.

77. Local Government (Miscellaneous Provisions) Act 1960

s. 454	Delete “complaint” and insert instead — “ charge ”.
s. 460(5)(b)	Delete “before a Justice of the Peace at the time of making the complaint therefor, or assessed on the hearing of such complaint” and insert instead — “ or determined on the hearing of a charge of trespass ”.
s. 474(2)(b)	In each provision, delete “on complaint before a court of
s. 474(3)(b)	summary jurisdiction” and insert instead — “ in a court of competent jurisdiction ”.
s. 484(4)	Delete “complaint that” and insert instead — “ charge that ”. Delete “in respect of which the complaint is made” and insert instead — “ concerned ”.

78. Magistrates Court Act 2004

s. 17(1)

In the definition of “document”, delete “complaint” and insert

instead —

“ prosecution notice ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Amendments to change terminology

Schedule 2

s. 33(5)

Delete “complaint” in the first place it occurs and insert

instead —

“ charge ”.

s. 33(5)(a)

In subparagraph (i), delete “complaint” and insert instead —

“ prosecution notice containing the charge ”.

In subparagraph (ii), delete “defendant’s” and insert instead —

“ accused’s ”.

79. Marine and Harbours Act 1981

s. 18A(3)(b)(ii)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

80. Maritime Archaeology Act 1973

s. 10(3)

In each provision, delete “complaint” and insert instead —

s. 15

“ charge ”.

s. 16

Repeal the section and insert instead —

“

16. Limitation period for prosecutions

A prosecution for an offence against this Act may be commenced within 12 months after the date on which the offence was allegedly committed or, if the person before whom the prosecution notice is signed is satisfied by evidence on oath that having regard to the circumstances of the case it was not

practicable to commence the prosecution at an

earlier date and gives or renews a certificate to that

effect, within one month after the date of the

certificate.

”.

81. Marketing of Potatoes Act 1946

s. 22(3)	In each provision, delete “complaint for” and insert instead —
s. 22(4)	“ charge of ”.
s. 22B(2)	In each provision, delete “complaint” and insert instead —
s. 41E	“ charge ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Schedule 2

Amendments to change terminology

s. 40(2)(b)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

82. Medical Act 1894

s. 8(1)

Delete “complaint, information” and insert instead —

“ prosecution ”.

83. Metropolitan Water Supply, Sewerage, and Drainage Act 1909

s. 152A

Repeal the section and insert instead —

“

152A. Limitation period for prosecutions

A prosecution for an offence against this Act may

be commenced within 24 months after the date

on which the offence was allegedly committed.

”.

s. 159(3)

Repeal the subsection.

84. Mines Safety and Inspection Act 1994

s. 98(1)

Delete “complaint” and insert instead —

“ charge ”.

85. Mining Act 1978

s. 161(1)

Delete “complaint” and insert instead —

“ charge ”.

86. Motor Vehicle (Third Party Insurance) Act 1943

s. 3(2)

Delete “complaint laid” and insert instead —

“ a prosecution commenced ”.

s. 4(6)

Delete “complaint” in the 2 places it occurs and in each place

insert instead —

“ charge ”.

s. 18(1)

Delete “on complaint to a court of summary jurisdiction” and

insert instead —

“ to the Magistrates Court ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Amendments to change terminology

Schedule 2

87. Motor Vehicle Dealers Act 1973

s. 55(2)

Delete “complainant” in the 2 places it occurs and in each

place insert instead —

“ prosecutor ”.

s. 55A(3)(b)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

88. Motor Vehicle Repairers Act 2003

s. 101(2)(c)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

s. 110(3)

Delete “complainant” in the 2 places it occurs and in each

place insert instead —

“ prosecutor ”.

89. Murdoch University Act 1973

s. 24(8)

Delete “The complaint in respect of an offence against a

by-law shall be made and the proceedings” and insert

instead —

“ Proceedings for an offence against a by-law shall be ”.

Delete “thereby charged was” and insert instead —

“ was allegedly ”.

s. 24(11)

Delete “complaint” and insert instead —

“ charge ”.

90. Museum Act 1969

s. 48

Delete “any complaint preferred by the Trustees” and insert

instead —

“ a charge ”.

91. National Trust of Australia (W.A.) Act 1964

s. 26(2)(b)

Delete the paragraph.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Schedule 2

Amendments to change terminology

92. New Tax System Price Exploitation Code (Western Australia) Act 1999

s. 3(1)

In the definition of “instrument”, in paragraph (h), after

“indictment,” insert —

“ prosecution notice, ”.

93. Nurses Act 1992

s. 80(3)

Delete “complaint” and insert instead —

“ prosecution notice ”.

s. 81(2)

Delete “complainant” in the 2 places it occurs and in each

place insert instead —

“ prosecutor ”.

94. Occupational Safety and Health Act 1984

s. 53

Delete “complaint” and insert instead —

“ charge ”.

95. Occupational Therapists Registration Act 1980

s. 42(3)

Delete “complaint” and insert instead —

“ prosecution notice ”.

s. 42(8)

Delete “complainant” in the 2 places it occurs and in each

place insert instead —

“ prosecutor ”.

96. Official Prosecutions (Defendants’ Costs) Act 1973

s. 4(1)

In the definition of “official prosecution”, delete “on a

complaint”.

s. 4(2)(b)(ii)

Delete “on the same complaint” and insert instead —

“ in the one prosecution notice ”.

97. Optometrists Act 1940

s. 18

Delete “complaint, information” and insert instead —

“ prosecution ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Amendments to change terminology

Schedule 2

98. Painters’ Registration Act 1961

s. 20(2)

Repeal the subsection and insert instead —

“

(2)	A prosecution for an offence against this Act must be commenced within 18 months after the date on which the offence was allegedly committed.

”.

s. 26A(2)

Delete “complainant” in the 2 places it occurs and in each

place insert instead —

“ prosecutor ”.

s. 26B

Delete “complaint for” and insert instead —

“ charge of ”.

99. Pawnbrokers and Second-hand Dealers Act 1994

s. 90(3)(b)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

100. Pearling Act 1990

s. 52(2)

Repeal the subsection and insert instead —

“

(2)	A prosecution for an offence against this Act must be commenced within 12 months after the date on which the offence was allegedly committed.

”.

s. 53(1)

Delete “complaint” and insert instead —

“ charge ”.

101. Perth Market Act 1926

s. 13B(1)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Schedule 2

Amendments to change terminology

102. Perth Parking Management Act 1999

s. 19(2)(c)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

103. Petroleum Products Pricing Act 1983

s. 31

Repeal the section and insert instead —

“

31. Limitation period for prosecutions

A prosecution for an offence against this Act

must be commenced within 12 months after the

date on which the offence was allegedly

committed.

”.

s. 31C(1)(b)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

104. Petroleum Safety Act 1999

s. 84(1)

Delete “complaint” and insert instead —

“ charge ”.

105. Pharmacy Act 1964

s. 42(1)

Delete “complaint, information” and insert instead —

“ prosecution ”.

106. Pig Industry Compensation Act 1942

s. 14(2a)

Repeal the subsection and insert instead —

“

(2a)	A prosecution for an offence against this Act must be commenced within 12 months after the date on which the offence was allegedly committed.

”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Amendments to change terminology

Schedule 2

107. Plant Diseases Act 1914

s. 35(3)(b)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

s. 35A(2)

Delete “complainant” in the 2 places it occurs and in each

place insert instead —

“ prosecutor ”.

s. 36

Delete “complaint” and insert instead —

“ prosecution notice ”.

108. Podiatrists Registration Act 1984

s. 41(3)

Delete “complaint” and insert instead —

“ prosecution notice ”.

s. 41(8)

Delete “complainant” in the 2 places it occurs and in each

place insert instead —

“ prosecutor ”.

109. Poisons Act 1964

s. 55A(1)

Delete “by a complaint made” and insert instead —

“ on an application supported by evidence ”.

s. 60(1)(a)

Delete “complainant” and insert instead —

“ prosecutor ”.

110. Police Act 1892

s. 16(2)	In each provision, delete “complaint” and insert instead —
s. 16A(2)	“ charge ”.
s. 45	Delete “information” and insert instead — “ indictment ”.
s. 74	In each provision, delete “information” and insert instead —
s. 98	“ charge ”.
s. 101	Delete “on the complaint of any such Justice, or constable, forfeit and pay a sum” and insert instead — “ be liable to a fine ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Schedule 2

Amendments to change terminology

s. 125

Delete “lodge any information before any Justice” and insert

instead —

“ commence a prosecution ”.

Delete “such Justice” and insert instead —

“ a court ”.

Delete “information” and insert instead —

“ prosecution ”.

s. 133

Delete “the complaint or information” and insert instead —

“ a charge ”.

Delete “information or complaint” and insert instead —

“ charge ”.

Delete “informed or complained against” and insert instead —

“ charged ”.

111. Port Authorities Act 1999

s. 120(3)

Delete “complaint” in the 2 places it occurs and in each place

insert instead —

“ prosecution notice ”.

s. 125(1)(b)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

112. Prisoners (Interstate Transfer) Act 1983

s. 13(b)	Delete “or complaint”.
s. 18(b)	Delete “complaint or information alleging any offence by the person” and insert instead — “ charge against the person of an offence ”.
s. 21(2)	Delete “a complaint or information alleging an offence by a person” and insert instead — “ a charge against a person of an offence ”.
s. 21(2)(b)	Delete “complaint or information” and insert instead — “ charge ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Amendments to change terminology

Schedule 2

113. Prisons Act 1981

s. 32(2)

Delete “lay a complaint of ” and insert instead —

“

commence a prosecution in a court of summary

jurisdiction for

”.

114. Prostitution Act 2000

s. 55(1)

Repeal the subsection and insert instead —

“

(1)	A prosecution for an offence under this Act can only be commenced by a police officer.

”.

115. Psychologists Registration Act 1976

s. 55(3)

Delete “complaint” and insert instead —

“ prosecution notice ”.

s. 55(8)

Delete “complainant” in the 2 places it occurs and in each

place insert instead —

“ prosecutor ”.

116. Public Meetings and Processions Act 1984

s. 9(2)

Delete “complaint” and insert instead —

“ charge ”.

Delete “complainant” and insert instead —

“ prosecutor ”.

117. Public Transport Authority Act 2003

s. 45(1)(b)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Schedule 2

Amendments to change terminology

s. 66(1)

Delete “complaint of an offence under this Act can only be

made” and insert instead —

“

prosecution for an offence under this Act can only be

commenced

”.

s. 66(2)

Delete “make a complaint of ” and insert instead —

“ commence a prosecution for ”.

s. 68

Delete “complaint” and insert instead —

“ prosecution notice ”.

118. Rail Safety Act 1998

s. 56(1)

Repeal the subsection and insert instead —

“

(1)	A prosecution for an offence against this Act must be commenced within 2 years after the date on which the offence was allegedly committed or, with the written authority of the Attorney General, at a later time within 3 years after the date on which the offence was allegedly committed.

”.

s. 56(2)

Delete “complaint of ” and insert instead —

“ prosecution for ”.

119. Rates and Charges (Rebates and Deferments) Act 1992

s. 38(2)

Repeal the subsection and insert instead —

“

(2)	A prosecution for an offence under subsection (1) must be commenced within 5 years after the date on which the offence was allegedly committed.

”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Amendments to change terminology

Schedule 2

120. Real Estate and Business Agents Act 1978

s. 143(3)

Delete “Without limiting the application of section 72 of the

Criminal Procedure (Summary) Act 1902 in relation to a

complaint for an offence against this Act, in any proceedings

for an offence against this Act an allegation in the complaint”

and insert instead —

“ An allegation in a charge of an offence against this Act ”.

121. Retail Trading Hours Act 1987

s. 14(15)

Delete “prosecution of a complaint” and insert instead —

“ charge ”.

s. 39(d)

Delete “complaint” and insert instead —

“ charge ”.

122. Road Traffic Act 1974

s. 15(3)(b)	Delete “complaint for” and insert instead — “ charge of ”.
s. 81F(2)	Delete “on the complaint” and insert instead — “ in the charge ”. Delete “complainant” and insert instead — “ prosecutor ”.
s. 98(1)	In each provision, delete “complaint” and insert instead —
s. 98(1a)	“ prosecution notice ”.
s. 98(3)(a)
s. 98(4)
s. 98(5)	Repeal the subsection and insert instead — “

(5)

If, in a prosecution notice for an offence against this Act, the name of the accused is that given by the alleged offender at the time of, or

immediately following, the occurrence giving

rise to the charge, there is a presumption,

rebuttable by evidence to the contrary, that the

accused is the alleged offender.

”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Schedule 2	Amendments to change terminology
s. 100(1)	Delete “complaints” in the 2 places it occurs and in each place insert instead — “ charges ”.
s. 102(1)	Delete “have a complaint of the alleged offence heard and determined by” and insert instead — “ be prosecuted for the alleged offence in ”.
s. 107(4)	Repeal the subsection and insert instead — “

(4)	A prosecution for an offence under section 24, 49(1)(a), 53 or 97 must be commenced within 2 years after the date on which the offence was allegedly committed.

”.

123. Road Traffic Amendment Act (No. 2) 1987

s. 11	In the proposed section 89(3) of the Road Traffic Act 1974, delete “complaint of an offence under this section has been made” and insert instead —
“

prosecution for an offence under this section has been

commenced

”.

Delete “by whom the complaint was made” and insert

instead —

“ who commenced the prosecution ”.

Delete “complaint is” and insert instead —

“ charge is ”.

124. Road Traffic Amendment Act 2000

s. 32

In the proposed section 58(5) of the Road Traffic Act 1974,

delete “On a complaint charging a person” and insert

instead —

“ If a person is charged ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Amendments to change terminology

Schedule 2

s. 44

In the proposed section 102C(4) of the Road Traffic Act 1974,

delete “On a complaint charging a person” and insert

instead —

“ If a person is charged ”.

125. Rottnest Island Authority Act 1987

s. 42(2)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

126. Sale of Land Act 1970

s. 19B(5)

Delete “complaint for” and insert instead —

“ charge of ”.

127. School Education Act 1999

s. 9(3)

Delete “complaint of an offence against subsection (2) is not

to be made” and insert instead —

“

prosecution for an offence against subsection (2) is not

to be commenced

”.

s. 41(1)

Delete “complaint of an offence against section 38 is not to be

made” and insert instead —

“

prosecution for an offence against section 38 is not to be

commenced

”.

s. 41(2)

Delete “make a complaint” and insert instead —

“ commence a prosecution ”.

Delete “making a complaint” and insert instead —

“ commencing a prosecution ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Schedule 2

Amendments to change terminology

s. 42(1)

Delete “complaint of an offence against section 38(1) or 38(2)

is not to be made” and insert instead —

“

prosecution for an offence against section 38(1) or 38(2)

is not to be commenced

”.

s. 44	Delete “complaint” and insert instead — “ charge ”.
s. 45(2)	In each provision, delete “make a complaint” and insert
s. 243(3)	instead — “ commence ”.
s. 243(2)	Delete “complaint” and insert instead — “ prosecution notice ”.

128. Securities Industry Act 1975

s. 77(1)

Delete “of the complaint” in the 3 places it occurs and in each

place insert instead —

“ on which the prosecution was commenced ”.

129. Seeds Act 1981

s. 18(2)

Delete “There shall be served with the summons issued upon

complaint of an offence” and insert instead —

“

On being charged with an offence against this Act, a person shall be served with

”.

Delete “summons.” and insert instead —

“ prosecution notice. ”.

s. 23(2)

Delete “complaint” and insert instead —

“ application ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Amendments to change terminology

Schedule 2

130. Settlement Agents Act 1981

s. 121(3)

Delete “Without limiting the application of section 72 of the

Criminal Procedure (Summary) Act 1902 in relation to a

complaint for an offence against this Act, in any proceedings

for an offence against this Act an allegation in the complaint”

and insert instead —

“ An allegation in a charge of an offence against this Act ”.

131. Soil and Land Conservation Act 1945

s. 45(1)

Delete “complaint, information” and insert instead —

“ prosecution ”.

Delete “made, laid and taken” and insert instead —

“ commenced ”.

132. Spear-guns Control Act 1955

s. 6	Delete “complaint” and insert instead — “ charge ”.

133. Spent Convictions Act 1988

Long title

Delete “complaint or indictment” and insert instead —

“ charge ”.

134. Suitors’ Fund Act 1964

s. 14(1)(b)

Delete “complaint” and insert instead —

“ summarily ”.

135. Swan River Trust Act 1988

s. 64(5)(b)

Delete “complaint made” and insert instead —

“ an application supported by evidence ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Schedule 2

Amendments to change terminology

s. 65(1)

Delete “A complaint for an offence against this Act may be

made and prosecuted by — ” and insert instead —

“

A prosecution for an offence against this Act may be commenced and conducted by —

”.

s. 65(3)

Delete “complaint” and insert instead —

“ charge ”.

s. 67(2)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

136. Taxation Administration Act 2003

s. 100(1)

Delete “by a complaint” and insert instead —

“ on an application supported by evidence ”.

s. 112(2)

Delete “complaint” and insert instead —

“ prosecution notice ”.

Delete “complaint is laid” and insert instead —

“ prosecution is commenced ”.

s. 123

Delete “complaint” in the 3 places it occurs and in each place

insert instead —

“ charge ”.

137. Taxi Act 1994

s. 33

Delete “complaint” and insert instead —

“ charge ”.

s. 39(2)(b)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

138. Transport Co-ordination Act 1966

s. 33(6)	In each provision, delete “complaint” and insert instead —
s. 51	“ charge ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Amendments to change terminology

Schedule 2

s. 58A(3)(b)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

139. Travel Agents Act 1985

s. 55

Repeal the section and insert instead —

“

55. Limitation period for prosecutions

A prosecution for an offence against this Act

must be commenced within 12 months after the

date on which the Commissioner first becomes

aware of the commission of the alleged offence.

”.

140. University of Western Australia Act 1911

s. 16A(7)

Delete “complaint” and insert instead —

“ charge ”.

s. 16A(9)

Delete “A complaint for” and insert instead —

“ An allegation of ”.

Delete “brought, heard and determined” and insert instead —

“ dealt with ”.

141. Valuation of Land Act 1978

s. 47

Delete “complaint” and insert instead —

“ prosecution ”.

Delete “laid” and insert instead —

“ instituted ”.

Delete “lay complaints” and insert instead —

“ institute prosecutions ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Schedule 2

Amendments to change terminology

142. Veterinary Preparations and Animal Feeding Stuffs Act 1976

s. 44(1)	Delete “no complaint” and insert instead — “ no prosecution for an offence ”. Delete “be made” and insert instead — “ be commenced ”. Delete “Justice before whom the complaint is made” and insert instead — “ person before whom the prosecution notice is signed ”. Delete “make the complaint” and insert instead — “ commence the prosecution ”.
s. 44(2)	Delete “making of a complaint” and insert instead — “ commencement of a prosecution ”.
s. 49(1)	Delete “, complainant”. After “defendant” insert — “ or accused ”.
s. 50	Delete “have the complaint dismissed or prevent his conviction” and insert instead — “ be acquitted ”.
s. 61(5)	Delete “complainant or”.

143. Veterinary Surgeons Act 1960

s. 27(1)(c)

Delete “make a complaint” and insert instead —

“ commence a prosecution ”.

144. Vexatious Proceedings Restriction Act 2002

s. 3	In the definition of “institute proceedings”, delete “laying of a complaint” and insert instead — “ commencement of a prosecution ”.

145. Water Agencies (Powers) Act 1984

s. 103(2)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Amendments to change terminology

Schedule 2

146. Water Boards Act 1904

s. 154(2)

Repeal the subsection.

s. 162(2)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

147. Waterways Conservation Act 1976

s. 71(2)

Delete “A complaint for an offence against this Act may be

made and prosecuted by —” and insert instead —

“

A prosecution for an offence against this Act may be commenced and conducted by —

”.

s. 75(1)(c)

Delete “make a complaint” and insert instead —

“ commence a prosecution ”.

s. 75(2)

Delete “complaint” and insert instead —

“ charge ”.

s. 75(5)

Delete “or served” and insert instead —

“ to or served on a party to the proceedings ”.

Delete “defendant” and insert instead —

“ party ”.

148. Weights and Measures Act 1915

s. 27G(11)	In each provision, delete “complainant” in each place it occurs
s. 27L(6)	and in each place insert instead —
s. 27M(1)	“ prosecutor ”.
s. 47(2)
s. 40(4)	Delete “on complaint”.
s. 40(5)	Delete “complainant” and insert instead — “ person instituting the prosecution ”.
s. 48	Delete “an information is laid” and insert instead — “ a prosecution is commenced ”.
s. 49	Delete “defendant” and insert instead — “ the accused ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Schedule 2

Amendments to change terminology

149. Western Australian College of Teaching Act 2004

s. 84(3)

Delete “complaint” and insert instead —

“ prosecution notice ”.

s. 84(4)

Delete “make a complaint” and insert instead —

“ commence ”.

150. Western Australian Marine Act 1982

s. 125A

Repeal the section and insert instead —

“

125A. Limitation period for prosecutions

A prosecution for an offence against this Act or

any subsidiary legislation under this Act must be

commenced within 3 years after the date on

which the offence was allegedly committed.

”.

s. 129

In each provision, delete “complaint” and insert instead —

s. 130

“ charge ”.

s. 132(1)

Delete “have a complaint of that offence heard and determined

by” and insert instead —

“ be prosecuted for the alleged offence in ”.

151. Western Australian Sports Centre Trust Act 1986

s. 18C(3)(b)(ii)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

152. Western Australian Trotting Association Act 1946

s. 9(3)

Delete “complaint” and insert instead —

“ charge ”.

153. The Western Australian Turf Club Act 1892

s. 22

Delete “proceed with all convenient dispatch to the hearing of

the complaint against the offender” and insert instead —

“ deal with the offender according to law ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Amendments to change terminology

Schedule 2

154. White Phosphorus Matches Prohibition Act 1912

s. 5	Delete “complaint to” and insert instead — “ being charged before ”.

155. Wildlife Conservation Act 1950

s. 20(3)(a)

Delete “complaint made” and insert instead —

“ an application supported by evidence ”.

s. 20(3)(c)

Delete “make a complaint on oath before a justice of the peace

alleging that in his opinion there had been no reasonable

grounds for the exercise of that power, and thereupon the

justice shall cause the matter to be inquired into and shall

make his findings known to the complainant” and insert

instead —

“

apply to the Magistrates Court for a review of the

exercise of that power on the grounds there were no

reasonable grounds for its exercise and the court shall

inquire into the matter and make its findings known to

the applicant

”.

s. 26A

Repeal the section and insert instead —

“

26A. Limitation period for prosecutions

A prosecution for an offence against this Act

must be commenced within 2 years after the date

on which the offence was allegedly committed.

”.

s. 27(2)

Delete “complainant, defendant” and insert instead —

“ prosecutor, accused ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Schedule 2

Amendments to change terminology

s. 27D

Repeal the section and insert instead —

“

27D. Presumption as to identity

If, in a prosecution notice for an offence against this Act, the name of the accused is that given by the alleged offender at the time of, or

immediately following, the occurrence giving

rise to the charge, there is a presumption,

rebuttable by evidence to the contrary, that the

accused is the alleged offender.

”.

156. Workers’ Compensation and Rehabilitation Act 1981

s. 115(1)(d)

Delete “complaints under” and insert instead —

“ the matters referred to in ”.

s. 170(3)

Repeal the subsection and insert instead —

“

(3)	A prosecution for an offence under this section must be commenced within 2 years after the date on which the offence was allegedly committed.

”.

s. 188A(1)

Delete “complaints for” and insert instead —

“ charges of ”.

157. Workers’ Compensation and Injury Management Act 1981

s. 175H(2)(c)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

s. 188B(3)

Delete “complaint” in the 2 places it occurs and in each place

insert instead —

“ prosecution notice ”.

Criminal Procedure and Appeals (Consequential and Other Provisions)

Act 2004

Amendments to change terminology

Schedule 2

158. Young Offenders Act 1994

s. 33(2)

Delete “before which a complaint of the offence is made, upon

being satisfied that the person has complied with the terms, is

to dismiss the complaint.” and insert instead —

“

hearing a charge of the offence, upon being satisfied

that the person has complied with the terms, must

dismiss the charge without determining it.

”.

s. 42(4)

Repeal the subsection and insert instead —

“

(4)	If a copy of a notice to attend court issued to a person under this section is lodged with a court, the notice is to be taken to be a prosecution notice charging the person with the alleged offence described.

”.

s. 175

Delete “that a complaint of the offence be laid before a court”

and insert instead —

“

to commence a prosecution in a court of summary

jurisdiction for the detention offence

”.

s. 186(1)

Delete “complaint” and insert instead —

“ a prosecution notice ”.

s. 186(2)

Delete “lay the complaint” and insert instead —

“ commence the prosecution ”.

159. Zoological Parks Authority Act 2001

s. 43(3)(b)

Delete “have a complaint of the alleged offence heard and

determined by” and insert instead —

“ be prosecuted for the alleged offence in ”.

By Authority: JOHN A. STRIJK, Government Printer